James L. Cooper has defended numerous complex antitrust cases, including at trial. These matters have included related civil and governmental suits and investigations as well as multi-district litigation. Mr. Cooper is an Adjunct Professor at both Georgetown University Law Center and the George Mason University School of Law. He clerked for Judge Bruce Selya on the US Court of Appeals for the First Circuit.

Experience

  • Laboratories Fournier as lead trial counsel in an antitrust jury trial in the US District Court for the District of Delaware involving allegations of predatory innovation. Case settled just before deliberations. In re TriCor Antitrust Litigation.
  • Philip Morris USA as co-lead trial counsel in a two-week antitrust jury trial in the Middle District of Tennessee. Plaintiffs sought over $140 million in damages. The jury deliberated for only three hours before returning a defense verdict. Lewis et al. v. Philip Morris USA.
  • Fujikura Ltd. & Fujikura America Inc. in direct and indirect purchaser class actions, as well as direct purchaser opt-out litigation, alleging price-fixing with regard to automobile wire harnesses and related products.
  • Mitsui O.S.K. Lines and its affiliates in direct and indirect purchaser class actions alleging price fixing in the provision of vehicle shipping services.
  • Yamashita Rubber Co. and its affiliates in direct and indirect purchaser class action litigation alleging price fixing in connection with the sale of anti-vibration rubber parts.
  • Titan America in a group of direct and indirect purchaser actions alleging price-fixing. Achieved a denial of class certification with regard to both putative classes. In re Cement and Concrete Antitrust Litigation.
  • Cristal USA Inc. in direct and indirect purchaser class actions as well as opt-out direct purchaser litigation alleging price-fixing with regard to the sale of titanium dioxide. In re Titanium Dioxide Antitrust Litigation.
  • Ocean Spray in case alleging attempted monopolization brought by the number two seller of cranberry juice drinks. The client won a summary judgment ruling and the case subsequently was resolved. Northland Cranberries Inc. v. Ocean Spray Cranberries Inc.
  • Glaxo Welcome in a multifront attack by retail pharmacies challenging pricing and contracting practices of all major research pharmaceutical companies. These matters included thousands of individual Sherman Act and Robinson-Patman Act cases, as well as federal and state class actions. Most cases were resolved by settlement following full merits discovery and motions practice. In Re Brand Name Prescription Drugs.
  • Client as plaintiff counsel asserting a Sherman Act claim against a competitor and customer of client in the District of Maine. The case resolved by settlement in a bankruptcy context. Biddeford Textiles Corp. v. Sunbeam Products, Inc.
  • Client in the defense of monopolization, restraint of trade, and conspiracy claims in the District of Delaware and the Northern District of Georgia based on allegations of improper use of satellite communications technology patents. Obtained summary judgment in the client's favor. Thomson Electronics v. Pegasus Satellite Development.

Perspectives

Antitrust Investigations: What Counsel for Pharmaceutical Companies and Medical Device Manufacturers Need to Know

Bloomberg BNA

Supreme Court Holds State AG Suits Brought On Behalf Of State Citizens Are Not Removable As CAFA "Mass Actions"
Arnold & Porter Advisory

Recognition

Best Lawyers
Criminal Defense: White Collar (2016-2019)
The Legal 500 US
Antitrust: Carter (2016-2018)
Antitrust: Civil Litigation/Class Actions (2017-2018)
Washington, DC Super Lawyers
Antitrust Litigation, Intellectual Property (2013, 2015-2018)

Credentials

Education
  • PhD, Indiana University - Bloomington, 1992
  • JD, Indiana University Maurer School of Law, 1991
  • AM, University of Chicago, 1987
  • AB, University of Chicago, 1986
Admissions
  • District of Columbia
  • Numerous Federal Courts
Clerkships
  • United States Court of Appeals, First Circuit, The Honorable Bruce M. Selya
Overview

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